Prepared by the Commission for draft
preparation of new Constitution of the Azerbaijan Republic under chairmanship
of President of the Azerbaijan Republic
Heydar Aliyev, adopted on 12 of November 1995 by the Referendum of the
Azerbaijan Republic.
Came into force since 27 of November 1995.
THE CONSTITUTION OF THE AZERBAIJAN REPUBLIC
Continuing the centuries old traditions
of statehood, and taking as a basis the principles expressed in the Constitution
act "On the State Independence of the Azerbaijan Republic", desiring to
provide prosperity and welfare for the whole society and each individual,
wishing to establish freedom and security, understanding the responsibility
for past, present and future generations, using the right of its sovereignty
declares solemnly its following intentions:
1 - to protect the independence, sovereignty and territorial integrity
of the Azerbaijan Republic;
2 - to provide a democratic system within the framework of the Constitution;
3 - to achieve the establishment of a civil society;
4 - to build a law-based, secular state to provide the command of law
as an expression of the will of the nation;
5 - to provide a worthy living standard for everybody in conformity with
just economic and social order;
6 - to remain faithful to universal human values, to live in peace and
freedom with all the nations of the world and co-operate with them for
this purpose.
Having in mind the sincere intentions enumerated above the present Constitution
is adopted through a poll of the general population by referendum. .
FIRST CHAPTER
GENERAL PROVISIONS
Section I
PEOPLE'S POWER.
Article I . Source of
Power.
The Azerbaijan people shall be the sole
source of state power in the Azerbaijan Republic.
The Azerbaijan people shall include citizens of the Azerbaijan Republic
which live in the territory of the Azerbaijan Republic or outside the
country and which obey the Azerbaijan State and its Laws. This shall
not exclude norms defined by the International Law.
Article 2. People's Sovereignty.
The Azerbaijan people shall have the
sovereign right to freely and independently decide their fate and to
establish the forms of its own governance.
The Azerbaijan people shall implement their sovereign right via universal
elections referendum and via their representatives elected on the basis
of universal, direct and equal elections by secret and individual ballot.
Article 3. Issues solved via universal elections-referendum.
The Azerbaijan people can settle every
issue connected with their rights and interests via referendum. The
below-mentioned issues can be solved solely via referendum:
1) The adoption of the Azerbaijan Republic Constitution and introducing
changes into it;
2) The change of State Borders of the Azerbaijan Republic.
Article 4. Right to
Represent People.
Nobody except authoritative representatives
elected by the people shall have the right to represent, speak for and
address on behalf of the people.
Article 5. Unity of People.
The Azerbaijan people shall be united.
The Azerbaijan people's unity shall set up the foundation of the Azerbaijan
state.
The Azerbaijan Republic shall be wholly and indivisibly Homeland for
all the citizens of the Azerbaijan Republic.
Article 6. Banning of
Power Usurpation.
No part of the Azerbaijan people, either
an individual, or a social group or an organization shall have the right
to usurp the authority of the Azerbaijan people to exercise the power.
Power usurpation shall be the most serious crime directed against the
people.
Section II
FUNDAMENTALS OF THE STATE.
Article 7. Azerbaijan
State.
The Azerbaijan State shall be democratic,
secular, unitary republic.
The Azerbaijan Republic sovereign power in internal issues shall be
confined to legal rules, while in
international matters it shall be restricted to solely international
agreements.
State power in the Azerbaijan Republic shall be based on the principle
of division of powers:
Legislative power shall be implemented by the Parliament - Milli Mejlis
of the Azerbaijan Republic.
Executive power shall be vested in a President of the Azerbaijan Republic.
Judicial power shall be administered by courts.
According to the Constitutional Provisions Executive, Legislative and
Judicial powers shall jointly
co-operate and be independent within the framework of their authority.
Article 8. Head of Azerbaijan
State.
President shall be the head of the Azerbaijan
Republic. He shall represent the Azerbaijan state in home and foreign
policies.
President of the Azerbaijan Republic shall embody the unity of the Azerbaijan
people and shall ensure the continuity of the Azerbaijan state.
President of the Azerbaijan Republic shall guarantee independence, territorial
integrity and fulfillment of international Agreements to which the Azerbaijan
Republic is a party.
President of the Azerbaijan Republic shall ensure independence of Judicial
power.
Article 9. Armed Forces.
The Azerbaijan Republic shall build its
Armed Forces and formations to ensure its security and protection.
The Azerbaijan Republic shall reject a war as a means of encroaching
on other States' independence and settling international conflicts.
President of the Azerbaijan Republic shall be Commander in Chief of
the Armed Forces.
Article 10. Main Principles of Foreign Policy.
The Azerbaijan Republic forms its relations
with other States on the basis of principles taken into account by universally
accepted international rules.
Article 11. Territory.
The territory of the Azerbaijan Republic
shall be united, inviolable and indivisible. The Azerbaijan
Republic territory shall include the Azerbaijan Republic inner waters,
the Caspian Sea (Lake) sector
relating to the Azerbaijan Republic, air space over the Azerbaijan Republic.
The territory of the Azerbaijan Republic may not be torn away. The Azerbaijan
Republic shall not yield its territory, or part of it, in any form,
to anyone; borders can be specified only by the Decree of the Parliament
on the basis of the will of the Azerbaijan people.
Article 12. Supreme
Aim of State.
Supreme Aim of the State shall be to
ensure human and civil rights and freedoms.
The human and civil rights and freedoms enumerated in this Constitution
shall be exercised in accordance with international Agreements to which
the Azerbaijan Republic party.
Article 13. Property.
The property in the Azerbaijan Republic
shall be inviolable and prospected by the State.
The property can have the form of State property, private property and
municipal property.
The property shall not be used against human and civil rights and freedoms,
against interests of the society and State, against human dignity.
Article 14. Natural Resources.
Natural resources shall belong to the
Azerbaijan Republic, without damage to the rights and interests of any
physical or juridical person.
Article 15. Economic
Development and State.
The development of economy in the Azerbaijan
Republic based on various forms of property shall ensure the improvement
of the people's wellbeing.
The Azerbaijan State shall create conditions for the development of
economy based on market relations, shall guarantee free enterprise,
shall bar the way to monopolization and unfair competition in economic
relations.
Article 16. Social
Development and State.
The Azerbaijan Republic shall ensure
the improvement of the wellbeing of the people and every citizen, their
social protection and normal living standard.
The Azerbaijan Republic shall promote the development of culture, education,
medical care, science, art, shall protect the nature of the country,
historical, material and spiritual values of the people.
Article 17. Family
and State.
The family as the foundation of society
shall be under special protection of the State.
To take care of the children and their upbringing shall be the obligation
of the parents. The state shall see to it that this obligation be fulfilled.
Article 18. Religion
and State.
Religion shall be separated from the
State in the Azerbaijan Republic. All religions shall be equal by law.
The spread and propaganda of religions which humiliate human dignity
and contradict the principles of humanity shall be banned.
The State education system shall be of secular character.
Article 19. Monetary
Unit.
Manat shall be the monetary unit of the
Azerbaijan Republic.
The National Bank of the Azerbaijan Republic is the exclusive property
of the state. The National Bank shall have the sole legal right to issue
notes or to take them out of circulation. Usage of any other currency
besides manat as a means of payment in the territory of the Azerbaijan
Republic shall be prohibited.
Article 20. Restriction
of State Loans.
The Azerbaijan Republic shall not bear
responsibility and pay loans aimed at supporting mutiny or coup d'etat
against the Azerbaijan State.
Article 21. State Language.
The Azerbaijan language shall be the
State language of the Azerbaijan Republic.
The Azerbaijan Republic shall ensure the development of the Azerbaijan
language.
The Azerbaijan Republic shall guarantee the free use and development
of other languages spoken by the population.
Article 22. Capital.
Baku shall be the capital of the Azerbaijan
Republic.
Article 23. Azerbaijan
State Symbols.
State symbols of the Azerbaijan Republic
shall be: the Azerbaijan Republic Flag the Azerbaijan Republic Emblem,
the Azerbaijan Republic National Anthem.
The Flag of the Azerbaijan Republic shall consist of three wide stripes.
The upper stripe shall be of blue colour, the middle stripe shall be
red and the lower one shall be green. There shall he a white crescent
and eightpointed star in the middle of the red stripe on both sides
of the Flag. The proportion of the width to the length shall be 1 by
2.
The design of the Azerbaijan Republic Flag and the Azerbaijan Republic
State Emblem, the music and the text of the Azerbaijan Republic National
Anthem shall be defined by the Constitutional Law.
SECOND CHAPTER
MAJOR RIGHTS,
FREEDOMS AND RESPONSIBILITIES.
Section Ill
PRINCIPAL HUMAN AND CIVIL RIGHTS AND
FREEDOMS.
Article 24. Main Principles
of Human and Civil Rights and Freedoms.
Every Citizen from the birth shall enjoy
inviolable, undeniable and inalienable rights and freedoms. Rights and
Freedoms shall also include Commitments to the Society and other Individuals.
Article 25. Right to
Equality.
Every Person shall be equal to the Law
and Court. Men and Women shall have equal Rights and Freedoms. Every
Person shall have equal Rights and Freedoms irrespective of race, nationality,
religion, sex, origin,property status, social position, convictions,
political party, trade union organization and social unity affiliation.
Limitations or recognition of Rights and Freedoms because of race, nationality,
social status, language origin, convictions and religion shall be prohibited.
Article 26. Protection
of Human and Civic Rights and Freedoms.
Every Person shall be authorized to defend
his/her human Rights and Freedoms by accepted means. The State shall
ensure the protection of human Rights and Freedoms.
Article 27. Right to
Live.
Everyone shall have the right to Live.
Every citizen 's right to Live shall be inviolable with the exception
of cases when as a result of the armed attack an enemy soldier is killed,
capital punishment is executed according to the court's decision and
other cases specified by Law.
Capital punishment as an extreme measure of punishment while it is still
in force can be applied to an individual for committing a grave crime
against the State and different Persons.
Use of weapon against a human being shall be authorized in specified
by Law cases of required defense, urgency, capture and detention of
a criminal, prevention of a convict's escape from places of confinement,
prevention of a revolt or a coup against the State, fulfillment of the
order given by the authoritative official during the emergency situation
and martial law, armed attack on the country.
Article 28. Right to
freedom.
Everybody shall have the right to Freedom.
The right to Freedom shall only be limited by detention, arrest or imprisonment
via procedures stipulated by Law.
Legally anybody in the territory of the Azerbaijan Republic shall be
able to freely move and choose place of domicile for himself/herself
and to travel outside Azerbaijan.
A citizen of the Azerbaijan Republic shall have the right to come back
to his/her country nhampered.
Article 29. Right to
Property.
Every Person shall have the right to
Property.
No form or kind of property shall have any advantage. The Property right,
including the private property right, shall be protected by Law.
Every individual may possess movable and immovable Property. The Property
right shall consist of the owner's right to possess, use and dispose
the Property, individually or jointly.
No one shall be dispossessed without the decision of court. The Property
shall not be totally expropriated.
The alienation of the Property for 1he State needs or social needs shall
be allowed only upon preliminary fair reimbursement of its value.
The State shall secure the succession right.
Article 30. Right to
Intellectual Property.
Every Person shall have the right to
Intellectual Property.
Copyright, inventive right and other forms of intellectual property
shall be guaranteed by the State.
Article 31. Secure
Life.
Every Person shall have the right to
Secure Life.
With the exception of cases specified by Law, infringement upon Person's
life, his/her physical and mental health, property, residence, use of
force against him/her shall be prohibited.
Article 32. Personal
Inviolability.
Everyone shall have the right to Personal
Inviolability.
Everybody shall have the right to preserve personal and family secrets.
Except cases specified by Law interference into a Person's life shall
not be authorized.
Collecting, preserving, using and spreading information relating to
a Person's life without consent shall not be permitted.
The State shall ensure everybody's right to keep secrets of correspondence,
mail, telegraph and other postal services. This right may be limited
in order to prevent a crime or while investigating a criminal case exercised
in accordance with procedures specified by Law.
Article 33. Inviolability
of Residence.
Every Person shall have the right to
the Residence Inviolability.
With the exception of cases specified by Law or Court no one shall be
authorized to enter the Apartment against the will of the Resident.
Article 34. Right to Marriage.
Everybody shall have the right to Marriage
upon reaching the age specified by Law.
Marriage shall be contracted on the basis of voluntary consent. No one
shall be forced to marry.
Family and Marriage shall be under protection of the State. Mothers,
fathers, children shall be protected by Law. The State shall render
assistance to large families.
Husband and Wife shall have equal rights. Parents shall have both the
right and the obligation to take care of Children and to raise them.
Children shall have the obligation to take care of their Parents. Able-bodied
Children upon reaching the age of 18 shall have the right to support
their invalid Parents.
Article 35. Right to
Labour.
Labour shall be the basis of individual
arid social well-being.
Every Person depending on working skills shall have the right to freely
choose kind of activity,
qualification, position and area of employment.
No one shall be forced to work.
Labour contracts shall be freely signed. No one shall be forced to sign
contracts.
Enlisting people to hard labour, forcing them to labour in connection
with the Decrees issued by
authoritative officials when in active service, forcing people to fulfil
required work during state of
emergency and martial law shall be authorized taking into consideration
conditions and terms of Court Decision.
Every Person shall have the right to work under safe and healthy conditions,
to get without distinction no less than fixed by the State minimum salary
for fulfilled labour.
Unemployed shall have the right to get social benefits from the State.
The State shall do everything in its power to eradicate unemployment..
Article 36. Right to
Strike.
Every Person shall have the right to
Strike either alone or together with others.
The right to Strike of working on Contract basis can limited only in
cases specified Law. Military and civil Persons serving in the Armed
Forces other armed formations of Azerbaijan Republic shall not on Strike.
Individual and group labour disputes shall be settled in order stipulated
by Law.
Article 37. Right to
Rest.
Every Person shall have the right to
Rest.
The people working on contract basis with maximum 8-hour working day
shall be guaranteed rest and holiday days, at least 21-day paid annual
leave.
Article 38. Right to
Social Security.
Every Person shall have the right to
Social Security.
It shall be the obligation of the family members in the first place
to render assistance to those people in their family who need it.
Every Person shall have the right to Social Security in old age, sickness
as stipulated by Law, disability, when losing work ability or the breadwinner
of the family, when unemployed and in other cases specified by Law.
Minimum extent of pensions and social benefits shall be defined by Law.
The State shall create possibilities for developing charity work, voluntary
social insurance, and other forms of social security and shall do all
the best to promote their development.
Article 39. Right to
Live in Healthy Environment.
Every Person shall have the right to
live in healthy environment. Everybody shall have the right to collect
information on environmental situation and to get compensation for damage
rendered to the health and property due to the violation of ecological
rights.
Article 40. Right to
Culture.
Every Person shall have the right to
participate in cultural life, make use of cultural institutions and
cultural wealth.
Every Person shall treat with respect historical, cultural and spiritual
values, preserve them and protect cultural monuments.
Article 41. Right to
Health Protection.
Every Person shall have the right to
Health Protection and Medical Aid.
The State acting on the basis of various forms of property shall implement
necessary measures to promote the development of all aspects of health
services, ensure the sanitary-epidemiological security, create various
forms of medical insurance.
Authoritative Persons shall be made answerable for concealing the facts
and cases that create danger to life and health of people.
Article 42. Right to
Education.
Every Person shall have the right to
get an Education
The State shall guarantee the right to get compulsory secondary education
free.
Control shall be exercised on the part of the State.
Irrespective of financial position the State shall guarantee that talented
merited Persons continue their education.
The State shall set up educational standards.
Article 43. Right to
Residence.
No one shall be deprived of his/her residence.
The State shall give loans for the construction of houses and blocks
apartments, shall take measures in to implement Residence right.
Article 44. National
and Ethnic Identity.
Every Person shall have the right preserve
national/ethnic identity.
No one can be deprived of the right to change national/ethnic identity.
Article 45. Right to
Use Native Language.
Every Person shall have the right to
use Native language. Everyone shall have the right to be raised and
get an education, be engaged in creative activities in Native Language.
No one can be deprived of the right to use Native Language.
Article 46. Protection
of Honor and Dignity.
Everybody shall have the right to protect
his/her Honor and Dignity.
The State shall protect personal dignity. Nothing can justify humiliation
of personal dignity.
Nobody can be tortured or tormented, nobody shall suffer from a treatment
or punishment humiliating human dignity. Nobody shall be experimented
upon- medically, scientifically or any other way without his/her volunteer
consent.
Article 47. Freedom
of and Speech.
Every Person shall have the freedom of
Thought and Speech.
Nobody shall be forced to identify or refuse his/her ideas and principles.
Propaganda inciting racial, ethnic or religious animosity or hostility
shall be banned.
Article 48. Freedom
of Consciousness.
Every Person shall have the right to
freedom of Consciousness and Religion.
Everybody shall have the right to independently define his/her attitude
towards Religion, to profess
Religion alone or together with other, or to profess no Religion at
all, to express and spread convictions.
Free conduct of religious rites if it doesn't violate public order or
public morality shall be authorized.
Violation of the freedom of Religion and self-expression shall not be
justified.
Article 49. Freedom
of Gatherings.
Every Person shall have the right to
freely gather with others.
Everybody shall have the right, upon notification of corresponding government
bodies in advance, to peaceful, unarmed gatherings, meetings, demonstrations,
rallies, street processions, pickets together with others.
Article 50. Freedom
of Information.
Every Person shall have the right to
legally seek, get, pass, prepare and spread information.
Freedom of mass media shall be ensured. State censorship in mass media,
including print media, shall be forbidden
Article 51. Freedom
of Creative Work.
Every Person shall have the freedom of
Creative Work.
The State shall ensure the realization of belles-lettres fiction, scientific-technical
and other forms of
creative work.
Article 52. Right to
Citizenship.
A Person having political and judicial
relation to the Azerbaijan Republic as well as mutual rights and obligations
shall be a Citizen of the Azerbaijan Republic. A Person born a Citizen
of the Azerbaijan
Republic shall be a Citizen of the Azerbaijan Republic. A person whose
one parent is a Citizen of the Azerbaijan Republic shall be a citizen
of the Azerbaijan Republic.
Article 53. Guarantee
of the Citizenship Right.
A Citizen of the Azerbaijan Republic
can under no circumstances be deprived of his/her citizenship of the
Azerbaijan Republic.
A Citizen of the Azerbaijan Republic can under no circumstances be driven
away from the Azerbaijan Republic or extradited to a foreign State.
The Azerbaijan Republic shall ensure the legal defense of Citizens of
the Azerbaijan Republic who reside temporarily or permanently in abroad
and shall protect them.
Article 54. Right to Participate in Political Life of Society and
State.
Citizens of the Azerbaijan Republic shall
have the right to participate without hindrance in the political life
of society and the state.
Every Citizen of the Azerbaijan Republic shall have the right to independently
show resistance to the attempt of a mutiny against the State or forced
change of the constitutional order.
Article 55. Right to
Participate in the State Governing.
Citizens of the Azerbaijan Republic shall
have the right to participate in the Government. They can
implement this right directly or via their representatives.
Citizens of the Azerbaijan Republic shall have the right to serve in
government bodies. Officials to
government bodies shall be appointed from Citizens of the Azerbaijan
Republic. Foreign Citizens and Persons without citizenship can be taken
to Government service in the order specified by Law.
Article 56. Election
Right.
Citizens of the Azerbaijan Republic shall
have the right to elect and be elected to the government bodies, and
to participate in referendums.
Persons whose incapacity has been determined by the court shall not
have the right to participate in the elections as well as in the referendum.
Professional military persons, judges, government officials, persons
sentenced to imprisonment according to court's decision brought into
effect, religious people and other people mentioned in the present Constitution
and Laws shall be limited in their right participate in elections.
Article 57. Right to
Address.
Citizens of the Azerbaijan Republic shall
have the right to personal Address as well as the right to send individual
and collective written petitions to government bodies. Response to each
Address must be given within the order and terms specified by Law.
Citizens of the Azerbaijan Republic shall have the right to criticize
the activity of government bodies, their officials, political parties,
trade unions, other public unions, and individuals. Persecution for
the critics shall be banned. Insult and slander cannot be considered
critics.
Article 58. Right to
Unification.
Every Person shall have the right to
unite with others. Every Person shall have the right to set up any
organization, as well as a political party, trade union and any other
public amalgamations, or to enter an already existing union. Independent
performing of all unions shall be guaranteed.
No one can be enforced to enter a union or to remain its member.
The activity of unions which pursue the aim of overthrowing the legitimate
State power in the whole
territory of the Azerbaijan Republic or in any part of it shall be banned.
The occupation of unions which violate the Constitution and laws can
be stopped solely in the order specified by court.
Article 59. Right to Freedom of Enterprise.
Every Person shall have the right using,
his/her possibilities, abilities and property, to be independently or
jointly with others engaged in business activity or in any other kind
of economic activity authorized by Law.
Article 60. Judicial
Guarantee of Rights and Freedoms.
Rights and freedoms of every Person shall
be guaranteed in a court. Every Person can complain in the court of
actions (or inaction) of State bodies, political parties, trade unions,
other public unions and officials.
Article 61. Right to Get Legal Help
Every Person shall have the right to
get qualitative legal assistance. In cases specified by Law legal help
shall be rendered free at the expense of the State.
Every Person From the moment of being detained, arrested, charged with
crime on the part of
authoritative State bodies shall have the right to resort to the help
in the defender.
Article 62. Banning of Changes in Court Jurisdiction.
Every Person shall have the right to
have his/her case considered in a specified by Law court.
Consideration of the case in another court without the Person's consent
shall be prohibited.
Article 63. Presumption of Innocence.
Every Person shall have the right to
the Presumption of Every Person who is charged with crime shall be considered
innocent until he/she is pleaded guilty in order specified by Law, and
a verdict passed by the court has come effect. In case there are grounded
suspicions concerning a Person’s guilt, it shall not be permitted to
bring in a verdict of guilty with respect to the Person.
A Person who is charged with crime shall not be obliged to his/her innocence.
Evidence obtained via violating Law cannot be used when exercising justice.
No one can be found guilty of committing a crime without the verdict
passed by the court.
Article 64. Banning of Repeated Conviction for the Same Crime.
No one shall be convicted repeatedly
for the same crime.
Article 65.Right of Repeated Appeal to Court.
Every Person shall have the right to
appeal to higher court on reconsideration of the verdict passed with
respect to him/her in the order specified by Lair as well as appeal
for pardon and mitigating the
punishment.
Article 66. Banning of Forced Testifying Against Relatives.
No one can be forced to testify against
himself/herself, wife (husband), children, parents, brother, sister.
A complete list of relatives against whom testifying is not imperative
shall be determined by Law.
Article 67. Rights of Detained, Arrested, and Charged Committing
crime.
Every Person who has been detained, arrested,
charged with a crime on the part of authoritative State bodies must
be given immediate explanation of his/her rights and the reason for
being arrested and sued to court.
Article 68. Right to
Demand Compensation for Damage.
The rights of a Person who has been a
victim of a crime and abuse of power, shall be protected by the State.
A victim shall have the right to participate in court examination and
to demand compensation for damage rendered to him/her.
Every Person shall have the right to get a compensation from the State
for the damage rendered to
him/her as a result of illegal actions or inaction of government bodies
or their officials.
Article 69. Rights
of Foreign Citizens and Persons without Citizenship.
Foreign citizens and Persons without
citizenship in the Azerbaijan Republic can enjoy all rights and
freedoms and shall fulfil all the obligations together with the citizens
of the Azerbaijan Republic, if they (the latters) do not contradict
the Law or International Agreement to which the Azerbaijan Republic
is a party.
Rights and freedoms of foreign citizens and people without citizenship
residing permanently or temporarily in the territory of the Azerbaijan
can be restricted only in accordance with the international legal norms
laws of the Azerbaijan Republic.
Article 70. Right to
Asylum.
According to the universal international
legal norms the Azerbaijan Republic shall grant political asylum to
foreign citizens and persons without citizenship.
Extradition to another State Persons persecuted for their political
convictions and deeds which are not considered crimes in the Azerbaijan
Republic shall not be authorized.
Article 71. Guarantees
for Human and Civil Rights and Freedoms.
Executive, Legislative and Judicial powers
shall observe and protect human rights and freedoms fixed in the Constitution.
No one shall stop the implementation of human rights and freedoms.
It is only on declaration of war, martial law and emergency situation,
as well as mobilization that
implementation of human rights and freedoms can be partially and temporary
stopped taking into
consideration international obligations of the Azerbaijan Republic.
The population shall be notified in
advance on the temporary freezing up of human rights and freedoms implementation.
No Person shall be compelled to make public religious and other convictions
and thoughts and be
persecuted for them.
None of the Provisions of the Constitution shall be interpreted as the
ones directed at the Abolishment of human rights and freedoms.
Human rights and freedoms shall be in force immediately in the territory
of the Azerbaijan Republic.
Disputes in relation to Human Rights and Freedoms shall be solved in
court.
No one can answer for the deed which at the time of being committed
wasn't considered as violation of Law. If after violating the
Law the new Law has removed or mitigated the responsibility for such
actions the new Law shall be applied in that case.
Section IV
PRINCIPAL OBLIGATIONS OF CITIZENS.
Article 72. Principal Obligations of Citizens.
Every Person shall bear responsibilities
to the State and the society, which directly arise from his rights and
freedoms.
Every Person must observe the Constitution and the Laws of the Azerbaijan
Republic, respect rights and freedoms of other people, execute determined
by Law other responsibilities. Ignorance of the Law shall not relieve
a Person of his/her responsibility.
Article 73. Taxes and other State Duties.
Every Person shall have a responsibility
to pay imposed by the Law taxes and other State dues in full volume
and without delay.
A Person cannot be forced to pay taxes and other State dues over and
above the volume determined by the Law and if there are no specified
by the Law reasons.
Article 74. Loyalty to Homeland. Loyalty to Homeland shall be sacred.
Persons employed via election or appointment
in Legislative, Executive and Judicial bodies shall bear responsibility
for proper and accurate implementation of their obligations and in cases
specified by the Law take oath. A Person holding a position via election
or appointment in Legislative Executive and Judicial bodies, who has
taken the oath of allegiance to Constitution of the Azerbaijan Republic,
shall be considered to have resigned from holding position and cannot
hold this position any more, if he/she is charged with the crime against
the independence of the Azerbaijan Republic, its constitutional order,
mutiny against the State or overthrow of the government and if the Person
is convicted on the basis of this charge.
Article 75. Respect For State Symbols.
Every citizen must respect State Symbols
of the Azerbaijan Republic- its Flag, Emblem and National Anthem.
Article 76. Defense
of Homeland.
Defense of Homeland shall be the duty
of every citizen. Citizens shall serve in the armed forces according
to the order specified by the Law.
If serving in the armed forces runs counter to a Person's convictions
then active military service can be replaced by an alternative one in
the cases specified by the Law.
Article 77. Protection of Historical and Cultural Monuments.
To protect historical and cultural monuments
shall be the duty of every Person.
Article 78.Environmental Protection.
Protection of Environment shall be the
duty of every Person.
Article 79. Prohibition to Execute Responsibilities Contradicting
The Law.
A Person cannot be compelled to execute
responsibilities contradicting the. Constitution and the Laws of
the Azerbaijan Republic.
Article 80. Answerability.
Violation of the present Constitution
and the Laws of the Azerbaijan Republic as well as abuse of rights and
freedoms and failure to fulfil responsibilities, specified by the present
Constitution and the Laws of the Azerbaijan Republic shall entail answerability
determined by the Law.
THE THIRD PART
STATE POWER
Section V
LEGISLATIVE POWER.
Article 81. Execution
of Legislative Power.
The Legislative power shall be executed
by the Milli Mejlis of the Azerbaijan Republic.
Article 82. Quantitative
Composition of Milli Mejlis of Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic
shall consist of 125 Deputies.
Article 83. Principles
of Azerbaijan Republic Milli Mejlis Elections.
Deputies of Milli Mejlis of the Azerbaijan
Republic shall be elected on the basis of majority and
proportionate election systems and universal, equal, direct elections
by free, individual and secret ballot.
Article 84. Term of
Office for Members of Milli Mejlis of the Azerbaijan Republic.
The term of office of the Milli Mejlis
of the Azerbaijan Republic shall be 5 (five) years.
Elections of the Milli Mejlis members shall be held every five years
on the first Sunday of November.
The term of office for the members of the Milli Mejlis of the Azerbaijan
Republic shall be limited by the term of office of the Milli Mejlis
of the Azerbaijan Republic.
If the new elections are held to replace the Deputies, that have quit
the Milli Mejlis membership, with the new ones, the term of office of
the newly elected Deputy shall be limited to the term of office of the
Milli Mejlis of the Azerbaijan Republic.
Article 85. Requirements
to Candidates to Deputies of Milli Mejlis of the Azerbaijan Republic.
Every citizen of the Azerbaijan Republic
who has reached the age of 25 can be elected a Deputy -
member of the Milli Mejlis of the Azerbaijan Republic in the order determined
by the Law.
Persons who have dual citizenship, are in State service in other countries,
work in Executive or Judicial bodies, Persons engaged in a different
paid activity with he exception of scientific, creative and teaching
work, ministers of religion, Persons whose inactivity has been confirmed
by court, Persons who serve their sentence in places of confinement
by the court's verdict cannot be elected Deputies.
Article 86. Check up
and Confirmation of Election Results.
The correctness of the results of the
elections shall be checked and confirmed by the Constitutional Court
of the Azerbaijan Republic.
Article 87. Expiration
of Term of Office.
The term of office of the members of
the Milli Mejlis of the Azerbaijan Republic shall expire on the day
of the first sitting of the newly elected Milli Mejlis of the
Azerbaijan Republic.
The elections to replace the Deputies who have left the Milli Mejlis
of the Azerbaijan Republic shall not be held if less than 120 days remains
till the expiration of the term of office.
The Milli Mejlis of the Azerbaijan Republic shall have power provided
the authority of 83 members be confirmed.
Article 88. Sessions of Milli Mejlis of the Azerbaijan Republic.
The Milli Mejlis shall summon two regular
Sessions every year. The spring Session shall start on 1st of
February and it shall last till 31 of May. The fall Session shall start
on 30th of September and it shall last till 30th of December. In case
1st of February and 30th of September fall on days off then the Session
shall start its work the first following working day. If after elections
to the Azerbaijan Republic Milli Mejlis the authority of its 83 members
are confirmed till 1st of February, then Constitutional Court of the
Azerbaijan Republic shall fix the date of the first Session of the Azerbaijan
Republic Milli Mejlis. After approving of 83 members of the Azerbaijan
Republic Milli Mejlis the first of the Azerbaijan Republic Milli Mejlis
shall be summoned within one week starting from the day of approval
but not later.
Special Sessions of the Azerbaijan Republic Milli Mejlis shall be summoned
by the Chairman of
Azerbaijan Republic Milli Mejlis at the request of the President of
the Azerbaijan Republic, 42 Deputies of Milli Mejlis.
The Agenda of the Special Session shall be worked out by those members
who required its convocation.
After consideration of agenda items the work of the Special Session
shall be completed.
Article 89. Disfranchisement
of Membership to Milli Mejlis of the Azerbaijan Republic and Loss of
Deputy Power.
A member of the Azerbaijan Milli Mejlis
shall lose his/her power in the below-mentioned cases:
1) the wrong accounting of votes during
the elections has been revealed;
2) the citizenship of the Azerbaijan Republic has been lost or citizenship
of another country has been granted;
3) a crime has been committed there is court's decision that has entered
into effect;
4) a position held in government bodies, being a minister of religion,
being engaged in the business,
commercial of other paid activity ( excepting scientific, teaching and
creative activity);
5) resignation of his/her own accord;
6) disbandment of the party which he/she is a member.
The rules of disfranchisement of membership
to the Milli Mejlis of the Azerbaijan Republic shall be set up by the
Law.
The members of the Azerbaijan Republic Milli Mejlis shall be considered
to have lost their power when being unable to execute their power and
in other cases specified by the Law. The order of taking such a decision
shall be set up by the Law.
Article 90. Deputy
Immunity.
The Deputy during the term of office
shall have personal immunity. With the exception of cases when he has
been caught red-handed, the Deputy at the term of office cannot be brought
to court, detained, administrative measures of punishment cannot be
applied to the him/her, he/she cannot be arrested or punished in some
other way, he cannot be searched, examined. The Deputy can be detained
if caught red-handed. In this case the body which has detained the Deputy
must inform the General Prosecutor of the Azerbaijan Republic about
it.
The Deputy immunity can be stopped only by the decision of the Milli
Mejlis of the Azerbaijan Republic on the basis of the General Prosecutor's
representations.
Article 91. Prohibition
against Making Deputies Answerable.
The Deputies of the Milli Mejlis of the
Azerbaijan Republic cannot be made answerable for their activity in
the Milli Mejlis, voting in the Milli Mejlis and ideas expressed in
the Milli Mejlis. Concerning these cases explanations and evidence can
be required only with their consent.
Article 92. Coordination of Work of Milli Mejlis of the Azerbaijan
Republic.
The Milli Mejlis of the Azerbaijan Republic
shall set up the procedure of Its work, it also shall choose the Chairperson
and its Assistants, organize permanent and other commissions, sets up
Counting Chamber.
Article 93. Acts of
Milli Mejlis of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic
on issues relating to its sphere of competence shall pass Laws, Constitutional
Laws, and Resolutions.
Constitutional Laws, Laws and Resolutions shall be passed by the Milli
Mejlis in the order specified by the present Constitution.
Members of the Milli Mejlis shall personally exercise the voting right.
Laws and Resolutions of the Azerbaijan Republic Milli Mejlis can not
stipulate concrete tasks to Executive bodies and courts.
Article 94. General
Rules Determined by Milli Mejlis of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic
shall determine general rules on the following issues:
1) use of human and civil rights and
freedoms. State guarantee of these rights and freedoms;
2) the Azerbaijan Republic Presidential elections;
3) elections to the Milli Mejlis of the Azerbaijan Republic and the
status of members of the Milli Mejlis of the Azerbaijan Republic
4) referendum;
5) court system and the status of judges; attorney ship; bar and notary
business;
6) legal proceedings, implementation of court's decisions;
7) municipal elections and status of municipalities;
8) emergency situation regime; martial law regime;
9) State awards;
10) the status of physical and juridical Persons;
11) objects of Civil Law;
12) transactions; civil law Agreements, representations and inheritance;
13) right of ownership, including legal regime of State, private and
municipal property, right of intellectual
property; other property rights; obligation right;
14) family relations including trusteeship and guardianship.
15) foundations of finance activity, taxes, duties and payments;
16) labor relations and social security;
17) determination of crimes and law violations; imposing answerability
for their commitment;
18) defense and military service;
19) State service;
20) foundations of security;
21) territorial set up; regime of State borders;
22) ratification and denunciation of international agreements;
23) communications and transport;
24) statistics, metrology and standards;
25) customs;
26) commerce and transaction;
27) banking, accounting, insurance;
28) On issues mentioned in items 2, 34 of the present paper the Laws
shall be passed by a majority of 83 votes, on the remaining issues a
majority of 63 votes shall be needed to pass a Law.
The first part of the present Article
can be supplemented by the Constitutional Law.
Article 95. Issues
solved by Milli Mejlis of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic
shall be authorized to settle the following matters:
1) arrangement of work of the Azerbaijan
Republic Milli Mejlis:
2) establishment of diplomatic representation upon the President's representation
3) administrative-territorial division;
4) ratification and denunciation Treaties, Agreements and Conventions;
5) ratification of the State fiscal budget on the representation of
President of the Azerbaijan Republic and exercising control over its
use;
6) amnesty;
7) ratification of the military doctrine upon the representation of
the President of the Azerbaijan Republic;
8) ratification of the President's Decrees in cases specified by the
present Constitution;
9) giving consent to the candidate being appointed to the post of the
Prime-Minister of the Azerbaijan Republic upon the representation of
the President of the Azerbaijan Republic;
10) appointment of members of the Constitutional Court and Supreme Court
of the Azerbaijan Republic upon the representation of the President
of the Azerbaijan Republic;
11) appointment of the General Prosecutor on the representation of the
president of Azerbaijan Republic, giving consent to release the General
Prosecutor from the holding position on the representation of the President
of the Azerbaijan Republic;
12) to remove from holding position via impeachment the President of
the Azerbaijan Republic on the representation of the Constitutional
Court;
13) remove judges from holding positions on the representation of the
President of the Azerbaijan
Republic;
14) to solve the issue of confidence the Cabinet of Ministers of the
Azerbaijan Republic;
15) appointment to and removal from the position of the Chairperson
the Board Committee of the
Azerbaijan Republic National Bank and of the Board Committee on the
representations of the President of the Azerbaijan Republic;
16) give consent to enlist armed forces to the fulfillment of obligations
not connected with their main
purpose on the basis of the representation of the President of the Azerbaijan
Republic;
17) give consent to declare a war in the basis of the address of the
President of the Azerbaijan Republic;
18) appoint referendum.
19) setting up Auditing Chamber.
On issues pointed out in items 1-5 of
the present Article Laws shall be passed by a majority of 63 votes,
as for the remaining issues Resolutions shall be passed in the same
order if the present Constitution doesn't stipulate another order.
Resolutions shall be passed also on other issues which the present Constitution
refers to the sphere of competence of the Azerbaijan Republic
Milli Mejlis.
The first part of the present Article can be supplemented by the Constitutional
Law.
Article 96. Right to
Legislative Initiative.
The right to Legislative Initiative (the
right to introduce for the Parliament discussion draft laws and other
issues) in the Parliament shall belong to the Deputies, the President
of the Azerbaijan Republic,
Constitutional Court of the Azerbaijan Republic and Ali Mejlis of Nakhichevan
Autonomous Republic.
Draft Laws put forward as a legislative initiative by the President
of Azerbaijan Republic, Supreme Court the Azerbaijan Republic or Ali
Mejlis of the Nakhichevan Autonomous Republic shall be submitted to
the Milli Mejlis of the Azerbaijan Republic for discussion and put to
the vote the way they are presented.
The changes in the Draft Laws shall be introduced by consent of the
body that has used the right of
legislative initiative.
Draft Laws tabled by the President of the Azerbaijan Republic, the Constitutional
Court of the Azerbaijan Republic or All Mejlis of the Nakhichevan Autonomous
Republic for the discussion in the Azerbaijan Republic Parliament as
a Legislative Initiative shall be submitted for discussion and shall
be put to the vote, the way they are submitted.
Draft Laws submitted as a Legislative Initiative by the President of
the Azerbaijan Republic, the Constitutional Court of the Azerbaijan
Republic or All Mejlis of the Nakhichevan Autonomous Republic shall
be put to the vote in the Azerbaijan Republic Parliament for the term
of two months.
Upon declaring the Draft Law urgent on the part of the President of
the Azerbaijan Republic, the
Constitutional Court or All Mejlis of the Nakhichevan Autonomous this
term shall make 20 days.
Article 97. Term of
Submitting Laws for Signing.
The Laws shall be submitted to the President
of the Azerbaijan Republic signing within 14 days since the day adoption.
The Draft Law which has been declared urgent shall be submitted to the
President of the Azerbaijan Republic for signing within 24 hours since
its adoption.
Article 98. Enforcement
of Laws of the Azerbaijan Republic Milli Mejlis.
The Law and the Resolutions shall come
into effect since the day of publication if the Law or the
Resolution itself does not specify a different order
Section VI.
EXECUTIVE POWER.
Article 99. Affiliation
to Executive Power.
Executive power in the Azerbaijan Republic
shall belong to the President of the Azerbaijan Republic.
Article 100. Requirements to the candidates for the President of
the Azerbaijan Republic.
Every Person no younger than 35 years
old, permanently residing in the territory of the Azerbaijan
Republic for more than 10 years, having election right, a University
Degree, who has never been tried for a major crime, who has no commitments
towards other States, exclusively a citizen of the Azerbaijan Republic
shall have the right to be elected President of the Azerbaijan Republic.
Article 101.Foundations for the Azerbaijan Republic Presidential
Elections.
The President of the Azerbaijan Republic
shall be elected for the term of 5 years via universal, direct and equal
elections by free, individual and secret ballot.
The President of the Azerbaijan Republic shall be elected by the majority
of two thirds of votes
participating in the voting.
If this majority is not collected during the first round of elections,
then the second round of elections shall be held on the second Sunday
after the elections. Two candidates only, who have polled most votes
in the first round, shall participate in the second round, or in case
those candidates who have polled most votes have recalled their candidacies,
it shall be two candidates following the first ones.
The candidate who has collected in the second round a majority vote
is considered to be elected President of the Azerbaijan Republic.
No Person can be elected President of the Azerbaijan Republic more than
twice.
The order of applying the present article shall be set up by the Law.
Article 102. Results of the Azerbaijan Republic Presidential Elections.
Information on the results of the elections
shall be officially announced by the Constitutional Court of the Azerbaijan
Republic within 7 days the elections.
Article 103. Oath of Allegiance of Person Elected President of Azerbaijan
Republic.
A Person who has been elected President
of the Azerbaijan Republic within 3 days starting from
announcement day of the Presidential election results with the participation
of Judges of the Constitutional Court shall take the following oath:
"While executing power of the President of the Azerbaijan Republic I
swear to observe the Constitution of the Azerbaijan Republic, defend
sovereignty and territorial integrity of the State, to serve the people
in a dignified manner".
From the day of swearing in the president shall be considered to have
entered upon his duties.
Article 104. Inability
of President of the Azerbaijan Republic to Permanent Execute his Authority.
The President shall be considered to
have lost his power before the appointed time when he retires, loses
ability to implement for health reasons his obligations, or is removed
from once in cases and in the order specified by the present Constitution.
When the President of the Azerbaijan Republic retires his request on
retirement shall be submitted to the Constitutional Court of the Azerbaijan
Republic. The Constitutional Court of the Azerbaijan Republic having
ascertained that the President has personally sent in his resignation
shall take a decision on approving the Azerbaijan Republic President's
resignation. From that moment on the President shall be considered to
have resigned from his position in connection with his retirement.
Upon the representation of information concerning the President's complete
loss of ability for health
reasons to execute his power, the Milli Mejlis shall address the Constitutional
Court of the Azerbaijan Republic for elucidating the fact. The Constitutional
Court of the Azerbaijan Republic shall take a decision on this issue
by a majority of 6 votes. If the Constitutional Court does not confirm
this fact, then the issue shall be considered settled.
Article 105. Execution
of Obligations of the Azerbaijan Republic President upon His Retirement.
When the President retires from the position
before the appointed time new Presidential elections shall be held within
three months. In this case the Chairperson of the Milli Mejlis of the
Azerbaijan Republic shall perform duties of the President of the Azerbaijan
Republic.
If during this term acting President of the Azerbaijan Republic chairman
of the Milli Mejlis of the
Azerbaijan Republic resigns, completely loses for health reasons the
ability to implement his power, then the obligations of the President
of the Azerbaijan Republic shall be fulfilled by the Prime-Minister
of the Azerbaijan Republic.
When there is no possibility for the Prime-Minister of the Azerbaijan
Republic to exercise power of the President of the Azerbaijan Republic
for reasons pointed out in the second half of the present Article the
Milli Mejlis of the Azerbaijan Republic shall pass a Resolution on the
executing authority of the President of the Azerbaijan Republic by another
official.
Article 106. Immunity of President of the Azerbaijan Republic.
The President of the Azerbaijan Republic
shall have the right of immunity.
The honor and dignity of the president of the Azerbaijan Republic shall
be protected by Law.
Article 107. Removing
from Position of President of the Azerbaijan Republic.
When a grave crime has been committed
by the President of the Azerbaijan Republic the issue concerning the
removal of the President of the Azerbaijan Republic from his position
can be put forward before the Milli Mejlis of the Azerbaijan Republic
on the initiative of the Constitutional Court of the Azerbaijan Republic
on the basis of the conclusion drawn by the Supreme Court of the Azerbaijan
Republic within 30 days.
The President of the Azerbaijan Republic can be removed from office
on the basis of the Resolution
passed by the majority of 95 votes of the Deputies. This Resolution
shall be signed by the Constitutions Court of the Azerbaijan Republic.
If within one week the Constitutional Court of the Azerbaijan Republic
does not come out in favor of signing this Resolution, the Resolution
shall not come into effect.
The Resolution on the removal of the President from office shall be
passed within 2 months since the day of the Constitutional Court addressing
the Milli Mejlis of the Azerbaijan Republic. If within this term the
mentioned Resolution is not passed the accusation shall be turned down.
Article 108. Maintenance of President of the Azerbaijan Republic.
The President of the Azerbaijan Republic
and his family shall be maintained at the expense of the State. Security
of the President of the Azerbaijan Republic and his family shall be
ensured by special guard services.
Article 109. Power of President of Azerbaijan Republic.
The President of the Azerbaijan Republic:
1) shall appoint elections to the Milli
Mejlis of the Azerbaijan Republic;
2) shall submit the State budget of the Azerbaijan Republic to the Milli
Mejlis for ratification;
3) approves State economic and social programs;
4) on co-ordination with the Milli Mejlis of the Azerbaijan Republic
shall appoint the Prime-Minister of the Azerbaijan Republic and shall
remove from position the Prime-Minister of the Azerbaijan Republic;
the Milli Mejlis of the Azerbaijan Republic shall perform duties of
the President of the Azerbaijan Republic.
5) shall appoint to position and remove from position members of the
Cabinet of Ministers of the
Azerbaijan Republic; in required cases shall preside at the meetings
of the Cabinet of Ministers of the Azerbaijan Republic;
6) shall take a decision on resignation of the Cabinet of Ministers;
7) shall set up central and local executive bodies for exercising executive
pointer within the expenses planned by the State budget of the Azerbaijan
Republic;
8) shall annul the Resolutions and Orders of the Cabinet of Ministers
of the Azerbaijan Republic, the Cabinet of Ministers of the Nakhichevan
Autonomous Republic, Acts of central and local executive
bodies;
9) shall submit a proposal to the Milli Mejlis of the Azerbaijan Republic
on the appointment and removing from the position of judges of the Constitutional
Court. The Supreme Court of the Azerbaijan Republic and the Economic
Court of the Azerbaijan Republic; on co-ordination with the Milli Mejlis
of the Azerbaijan Republic shall appoint and remove General Prosecutor
of the Azerbaijan Republic from holding position; appoint to the position
of judges of other courts of Azerbaijan Republic;
10) shall submit proposals to the Milli Mejlis of the Azerbaijan Republic
on the appointment to the position and removal from the position the
members of the Board Committee of the National Bank of the Azerbaijan
Republic;
11) shall submit military doctrine of the Azerbaijan Republic to the
Milli Mejlis for ratification;
12) shall appoint and remove from position higher commanders of the
Armed Forces of the Azerbaijan Republic;
13) shall form the President's Administration and shall appoint its
Head;
14) shall appoint and remove from position authoritative representatives
of the President of the Azerbaijan Republic;
15) shall submit to the Milli Mejlis a proposal on establishing diplomatic
representations of the Azerbaijan Republic in foreign countries and
international organizations, appoint and recall diplomatic representatives
of the Azerbaijan Republic in foreign States and international organizations;
16) shall accept credentials and letters of recall of the diplomatic
representatives of foreign States;
17) shall conclude intergovernmental Treaties and Agreements, shall
submit interstate Treaties, to the Milli Mejlis of the Azerbaijan Republic
for ratification or denunciation; shall sign Decrees on the ratification
of international Treaties and Agreements;
18) shall appoint a referendum;
19) shall sign and issue laws;
20) shall settle the issues of citizenship;
21) shall decide issues on granting political asylum;
22) shall pass Acts on Granting Mercy;
23) shall grant State awards;
24) shall confer higher military and higher special ranks;
25) shall announce total or partial mobilization and demobilization;
26) shall take a decision on calling up citizens of the Azerbaijan Republic
for urgent military service and transferring soldiers to the reserve;
27) shall found Security Council of the Azerbaijan Republic;
28) shall introduce representation to the Milli Mejlis of the Azerbaijan
Republic on giving consent to enlist armed forces to the fulfillment
of obligations not connected with their main destination;
29) shall declare emergency situation and martial law;
30) shall upon consent of the Milli Mejlis of the Azerbaijan Republic
declare war and conclude peace;
31) shall set up special guard services;
32) shall in the executive order settle other issues not referred by
the present Constitution to the power of the Milli Mejlis of the
Azerbaijan Republic.
Article 110. Signing
Laws.
The President of the Azerbaijan Republic
shall sign Laws within 56 days since the day of representation.
If a Law arouses objection on the part of the President of the Azerbaijan
Republic he without signing the Law shall at the appointed time send
it back to the Milli Mejlis of the Azerbaijan Republic attaching his
objections If the Milli Mejlis of the Azerbaijan Republic by repeated
voting passes the Laws by a majority of 95 votes which have been previously
passed by a majority of 83 votes, and the Laws, previously
adopted by a majority of 63 votes, by a majority of 83 votes then the
Laws shall come into effect.
Article 111. Declaration
of Martial Law.
The President of the Azerbaijan Republic
shall declare Martial Law in the whole territory of the
Azerbaijan Republic or in some of its parts and shall immediately represent
the following Decree at the Milli Mejlis of the Azerbaijan Republic
for ratification when a certain part of the territory of the Azerbaijan
Republic has been occupied, a foreign State has declared a war against
the Azerbaijan Republic, real danger of an armed attack against the
Azerbaijan Republic has been brought into being, a territory of the
Azerbaijan Republic has been blockaded, and if there exists real danger
of such a blockade.
Article 112. Declaration
of Emergency Situation.
The President of the Azerbaijan Republic
shall declare Emergency Situation in separate areas of the
Azerbaijan Republic when there are natural calamities, epidemics, epizootic,
great ecological and other catastrophes, as well as when there actions
directed at the violation of territorial integrity of the Azerbaijan
Republic, forced change of its Constitutional system, mass disturbances,
accompanied by violence, rise of national conflicts creating threat
for life and security of citizens, or for normal activity of State bodies.
The President of the Azerbaijan Republic within 24 hours shall submit
the Decree to the Milli Mejlis of the Azerbaijan Republic for ratification.
Article 113.Acts of
President of Azerbaijan Republic.
The President of the Azerbaijan Republic
when establishing general rules shall issue Decrees, on other issues
- Orders.
If a different order is not envisaged in Decrees and Orders, they shall
come into effect from the day of publication.
Article 114. Status
of Cabinet of Ministers of Azerbaijan Republic.
With the aim of implementing Executive
power the President of the Azerbaijan Republic shall form the Cabinet
of Ministers of the Azerbaijan Republic.
The Cabinet of Ministers shall be the supreme Executive body of the
President of the Azerbaijan
Republic.
The Cabinet of Ministers of the Azerbaijan Republic shall be subordinate
and accountable to the President of the Azerbaijan Republic.
The order of activity of the Cabinet of Ministers of the Azerbaijan
Republic shall be determined by the President the Azerbaijan Republic.
Article 115. Composition
of Cabinet of Ministers of the Azerbaijan Republic.
The Cabinet of Minister shall consist
of the Prime Minister of the Azerbaijan Republic, his Deputies,
Ministers and Heads of other central bodies of Executive power.
Article 116. Resignation
Cabinet of Ministers.
On the day when the newly elected President
of the Azerbaijan Republic has taken office and has entered upon his
duties the Cabinet of Ministers shall resign.
Article 117. Meetings of Cabinet of Ministers of the Azerbaijan Republic.
The Prime Minister of the Azerbaijan
Republic shall preside at meetings the Cabinet of Ministers of the Azerbaijan
Republic.
Article 118. Order of Appointment Prime- Minister of Azerbaijan Republic.
The Prime- Minister of the Azerbaijan
Republic shall be appointed by the President of the Azerbaijan Republic
in co-ordination with the Milli Mejlis of the Azerbaijan Republic.
The President of the Azerbaijan Republic shall submit for discussion
to the Milli Mejlis of the Azerbaijan Republic a proposal on the candidacy
to the post of the Prime Minister no later than one month from the day
of starting entering upon his duties or no later than a fortnight from
the day of resignation of the Cabinet of Ministers of Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic shall give consent to the
candidature to the post of the Prime Minister of the Azerbaijan Republic
no later than one week from the day of the candidature
representation. If the mentioned order is violated or consent is not
given thrice to the appointment to the Azerbaijan Republic Prime Minister
post of the candidatures represented by the President of the Azerbaijan
Republic, then the President of the Azerbaijan Republic can appoint
the Prime Minister of the Azerbaijan Republic without the consent of
the Azerbaijan Republic Mill Mejlis.
Article 119. Authority of Cabinet of Ministers of the Azerbaijan
Republic.
The Cabinet of Ministers of the Azerbaijan
Republic:
- shall make up a draft of the State budget of the Azerbaijan Republic
and shall submit it to the President of the Azerbaijan Republic;
- shall ensure the implementation of the State budget of the Azerbaijan
Republic;
- shall ensure realization of the financial and credit and monetary
policy;
- shall ensure putting into life State economic programs;
- shall ensure execution of State social programs;
- shall head the Ministries and other central executive bodies, shall
annul their Acts;
- shall settle other issues which are attributed by the President to
the Cabinet's jurisdiction.
Article 120. Acts of Cabinet of Ministers of Azerbaijan Republic.
The Cabinet of Ministers of the Azerbaijan
Republic when determining general rules shall pass Decrees, it shall
pass Orders on other issues.
If a different order is not specified in Decrees and Orders of the Cabinet
of Ministers they come into effect after the day of publication.
Article 121. Requirements
to Candidates for the Position of Members of the Azerbaijan Republic
Cabinet of Ministers.
I. A citizen of the Azerbaijan Republic
no younger than 30 years old, having a University Degree, election right,
having no obligation in relation to any foreign Sate shall be appointed
Prime Minister.
II. A citizen of the Azerbaijan Republic at the age of no less than
25 years, with a University Degree, election right, without obligations
to any foreign State shall be appointed Deputy Prime Minister, Minister,
Head of other central Executive bodies.
Article 122. Requirements to Members of Cabinet of Ministers of Azerbaijan
Republic.
The Prime Minister of the Azerbaijan
Republic, his Deputies, Ministers, Heads of other central executive
bodies cannot hold any other elected or appointed position, they cannot
be engaged in business, commercial and any other paid activities with
the exception of scientific, teaching and creative activities, or can
they get other remuneration except salary for holding position and also
means received for scientific, teaching and creative works.
Article 123. Immunity
of the Prime-Minister of the Azerbaijan Republic.
During the term of office the Prime Minister
shall enjoy personal immunity.
The Prime Minister cannot be brought to court, detained, except the
cases when he is, caught red-handed.
No court measures like administrative penalty, arrest, and other suppression
measures can be applied to him, he cannot be searched or inspected.
The Prime Minister of the Azerbaijan Republic can be detained if he
is caught red-handed. In that case the body who has detained the above-mentioned
official shall immediately inform the General Prosecutor of the Azerbaijan
Republic about it.
The immunity of the Prime Minister of the Azerbaijan Republic can be
stopped only by the President on the basis of the representation of
the General Prosecutor of the Azerbaijan Republic.
Article 124. Local
Executive Power.
Local Executive power shall be implemented
by the Heads of Executive power.
Heads of Executive power shall be appointed and removed from holding
positions by the President of the Azerbaijan Republic. Authority of
the Local Executive power shall be determined by the President of the
Azerbaijan Republic.
Section VII
JUDICIAL POWER.
Article 125. Execution
of Judicial Power.
Judicial power shall be implemented solely
judicial bodies.
Judicial power shall be executed by the Constitutional Court of the
Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic, Economic
Court of the Azerbaijan Republic, general and specialized courts of
the Azerbaijan Republic.
Judicial power shall be exercised via constitutional, civil, administrative
and criminal legal proceedings and in other forms specified by the Law.
Attorney ship and defense of the Azerbaijan Republic shall participate
in the implementation of Judicial power with the exception of the Constitutional
legal procedure.
Judicial Structure and Legal Procedure shall be determined by the Law.
Use of legal means not stipulated by Law in order to change authority
of judges and create extraordinary courts shall be prohibited.
Article 126. Requirements
to Candidates to the post of Judges.
Citizens of the Azerbaijan Republic who
have reached the age of 30 years, have a University Degree in Law and
a 5-year working experience in the sphere of Law can be Judges.
Judges can not hold another elected or appointed position, they can
not be engaged in business,
commercial and any other paid activities, excepting scientific, teaching
and creative work, or can they affiliate to political parties and be
engaged in political activities, or can they get any remuneration except
salary and means for scientific, teaching and creative work.
Article 127. Principles
of Justice.
Judges shall be autonomous, they shall
be subordinate only to the Constitution and the Laws and shall be irremovable
in accordance with the Law.
Judges decide the cases in an unbiased, fair way, following the legal
equality of the sides, on the basis of facts and in accordance with
the Law.
Direct of indirect restriction of legal procedure on somebody's part
and for some reason, illegal influence, pressure, threat interference
shall not be permitted.
Justice shall be administered on the basis of legal equality of citizens
before Law and Court.
Trial in all the courts shall be public.
Hearing of the case behind closed doors can be authorized in case when
the court assumes that open trial can lead to revealing the State, professional
or commercial secret, or when the court pursues the necessity of keeping
secrecy of a personal or family life.
Legal proceeding of criminal cases by default shall not be authorized
in court of first instance.
Legal proceedings shall be implemented based on the principle of Controversy.
Every Person shall have the right get qualified legal help at any stage
of legal proceedings.
Justice is based on Presumption of Innocence.
Legal proceedings in the Azerbaijan Republic shall be conducted in the
official language of the Azerbaijan Republic or in the language of the
population which constitute the majority in the area concerned.
Persons - participants of court examination who do not know the language
in which legal proceedings are held shall be guaranteed via the interpreter
the right to get fully familiarized with the materials of the case,
participate in legislative enactments and speak in the native language
in the court.
Article 128. Immunity
of Judges.
Judges shall have immunity.
A judge can be brought to court only in the order specified by the Law.
Authority of Judges can be terminated only in the legal order specified
by the Law.
Upon commitment by judges of crimes the President of the Azerbaijan
Republic on the assumption of the conclusion of the Azerbaijan Republic
Supreme Court shall speak at the Milli Mejlis of the Azerbaijan Republic
with the initiative to remove judges from holding position. Corresponding
conclusion of the Azerbaijan Republic Supreme Court must be submitted
to the President of the Azerbaijan Republic on the corresponding inquiry
within 30 days.
Decision on removing members of the Constitutional Court, the Supreme
Court of the Azerbaijan
Republic and the Economic Court of the Azerbaijan Republic shall be
made by a majority of 83 votes; decision on removing other judges shall
be taken by the Milli Mejlis of the Azerbaijan Republic by a majority
of 63 votes.
Article 129. Court
Decisions and Their Implementation.
Judges shall take decisions on behalf
of the State, implementation of these decisions shall be binding on
everyone.
Article 130 Constitutional
Court of the Azerbaijan Republic.
The Constitutional Court of the Azerbaijan
Republic shall consist of 9 judges.
Members of the Constitutional Court of the Azerbaijan Republic shall
be appointed by the Milli Mejlis of the Azerbaijan Republic upon the
representation of the President of the Azerbaijan Republic.
On the basis of inquiry made by the President of the Azerbaijan Republic,
Milli Mejlis of the Azerbaijan Republic, the Cabinet of Ministers of
the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, General
Prosecutor's Office of the Azerbaijan Republic, All Mejlis of the Nakhichevan
Autonomous
Republic the Constitutional Court of the Azerbaijan Republic shall deal
with the issues;
1) on conformity with the Constitution
of the Azerbaijan Republic of Laws of the Azerbaijan Republic, Decrees
and Orders of the President of the Azerbaijan Republic, Resolutions
of the Milli Mejlis of the Azerbaijan Republic, Resolutions and Orders
of the Cabinet of Ministers of the Azerbaijan Republic, normative and
legal Acts of central Executive bodies,
2) on conformity with the Laws of the Azerbaijan Republic of Decrees
of the President of the Azerbaijan Republic, Resolutions of the Cabinet
of Ministers of the Azerbaijan Republic, normative and legal Acts of
central Executive bodies;
3) on conformity with the Decrees and Orders of the President of the
Azerbaijan Republic of Resolutions of the Cabinet of Ministers of the
Azerbaijan Republic and normative and legal Acts of central Executive
bodies;
4) on conformity of Acts of the Supreme Court of the Azerbaijan Republic
incases specified by the Law with the Constitution and the Laws of the
Azerbaijan Republic;
5) on conformity of the municipal Acts of the Constitution of the Azerbaijan
Republic with the Laws of the Azerbaijan Republic, Decrees of the President
of the Azerbaijan Republic, Resolutions of the Cabinet of Ministers
of the Azerbaijan Republic (in the Nakhichevan Autonomous Republic also
with the Constitution and the Laws of the Nakhichevan Autonomous Republic
and with the Resolutions of the Cabinet of Ministers of the Nakhichevan
Autonomous Republic);
6) on conformity of abandoned interstate Treaties of the Azerbaijan
Republic with the Constitution of the Azerbaijan Republic, on conformity
of intergovernmental Treaties of the Azerbaijan Republic with the Constitution
and the laws of the Azerbaijan Republic;
7) on banning political parties or other social unions;
8) on conformity with the Constitution of the Azerbaijan Republic of
the Constitution and the Laws of the Nakhichevan Autonomous Republic,
Resolutions of All Mejlis of the Nakhichevan Autonomous Republic, Resolutions
and Orders of the Cabinet of Ministers of the Nakhichevan Autonomous
Republic; in conformity with the Laws of the Azerbaijan Republic of
the Laws of the Nakhichevan Autonomous Republic, Resolutions of the
Cabinet of Ministers of the Nakhichevan Autonomous Republic; on conformity
of the Resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous
Republic with the Decrees and Orders of the President of the Azerbaijan
Republic and Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic.
9) on settlement of disputes connected with the division of power between
Legislative and Executive branches.
The Constitutional Court of the Azerbaijan Republic shall give interpretation
of the Constitution and the Laws of the Azerbaijan Republic based on
the inquiry on the part of the President of the Azerbaijan Republic,
the Milli Mejlis of the Azerbaijan Republic, the Cabinet of Ministers
of the Azerbaijan Republic, General Prosecutor's Office of the Azerbaijan
Republic and All Mejlis of the Nakhichevan Autonomous Republic. The
Constitutional Court of the Azerbaijan Republic shall perform other
duties stipulated in the present Constitution.
The Constitutional Court of the Azerbaijan Republic shall make decisions
relating to its power. Decisions of the Constitutional Court of the
Azerbaijan Republic shall be binding in the whole territory of the Azerbaijan
Republic.
The Laws and other Acts or their separate provisions, intergovernmental
Treaties of the Azerbaijan
Republic shall lose force at the time appointed in the decision of the
Constitutional Court of the Azerbaijan Republic on their discrepancy
with the Constitution of the Azerbaijan Republic; interstate Treaties
of the Azerbaijan Republic which are recognized as not conforming to
the Constitution of the Azerbaijan Republic shall not come into effect.
Article 131. Azerbaijan
Republic Supreme Court.
The Supreme Court of the Azerbaijan Republic
shall be the highest judicial body in civil, criminal,
administrative and other cases, referred to the activity of general
courts; it shall exercise control over the activity of general courts
in the order specified by the Law, shall give explanations on issues
concerning the practice of general courts.
Judges of the Supreme Court of the Azerbaijan Republic shall be appointed
by the Milli Mejlis of the Azerbaijan Republic on the representation
of the President of the Azerbaijan Republic.
Article 132. Economic
Court of the Azerbaijan Republic.
The Economic Court of the Azerbaijan
Republic shall be the highest legal body on considering economic disputes.
It shall exercise control over the activity of corresponding specialized
courts in the order stipulated by the Law.
Judges of the Economic Court of the Azerbaijan Republic shall be appointed
by the Milli Mejlis of the Azerbaijan Republic on the representation
of the President of the Azerbaijan Republic.
Article 133. General Prosecutor's Office of the Azerbaijan Republic.
General Prosecutor's Office of the Azerbaijan
Republic shall exercise control over accurate and uniform execution
and application of Laws; shall support in court State prosecution; shall
bring in an action; in cases specified by the law shall institute proceedings
and hold an investigation; shall bring in objections to the court's
decisions.
General Prosecutor's Office of the Azerbaijan Republic shall be a united
centralized body consisting of territorial and specialized Attorney
Offices based on their subordination to the General Prosecutor of the
Azerbaijan Republic.
General Prosecutor of the Azerbaijan Republic shall be appointed to
and removed from holding position by the President of the Azerbaijan
Republic by consent of the Azerbaijan Republic Milli Mejlis.
Deputies of General Prosecutor of the Azerbaijan Republic, heads of
the specialized republican Attorney Offices shall be appointed to and
removed from the position by the President of the Azerbaijan Republic
on the representation of the General Prosecutor of the Azerbaijan Republic.
Territorial and specialized Attorneys shall be appointed to the position
by the General Prosecutor of the Azerbaijan Republic in co-ordination
with the President of the Azerbaijan Republic.
Section IX
NAKHICHEVAN AUTONOMOUS REPUBLIC.
Article 134. Status of the Nakhichevan Autonomous Republic.
The Nakhichevan Autonomous Republic shall
be an autonomous State forming a part of the Azerbaijan Republic.
The status of the Nakhichevan Autonomous Republic shall be determined
by the present Constitution.
Nakhichevan Autonomous Republic shall be an inalienable part of the
Azerbaijan Republic.
The Constitution of the Azerbaijan Republic, Laws of the Azerbaijan
Republic, Decrees of the President of the Azerbaijan Republic and Resolutions
of the Cabinet of Ministers of the Azerbaijan Republic shall be binding
in the territory of the Nakhichevan Autonomous Republic.
The Constitution and Laws of the Nakhichevan Autonomous Republic must
not contradict the
Constitution and the Laws of the Azerbaijan Republic, Resolutions of
the Cabinet of Ministers of the Nakhichevan Autonomous Republic must
not contradict the Constitution and the Laws of the Azerbaijan Republic,
the Decrees of the President of the Azerbaijan Republic and the Resolutions
of the Cabinet of Ministers of the Azerbaijan Republic.
Article 135. Division of Power in the Nakhichevan Autonomous Republic.
The Legislative power in the Nakhichevan
Autonomous Republic shall be executed by the All Mejlis of the Nakhichevan
Autonomous Republic, Executive power shall be implemented by the Cabinet
of Ministers of the Nakhichevan Autonomous Republic, the Judicial power
shall be exercised by the courts of the Nakhichevan Autonomous Republic.
Ali Mejlis of the Nakhichevan Autonomous Republic shall independently
deal with issues referred to its power by the Constitution and the Laws
of the Azerbaijan Republic; the Cabinet of Ministers of
Nakhichevan Autonomous Republic shall independently deal with issues
referred to its power by the Constitution and the Laws of the Azerbaijan
Republic, Decrees of the President of the Azerbaijan
Republic; the courts of the Nakhichevan Autonomous Republic shall independently
deal with issues
referred to its power by the Constitution and the Laws of the Azerbaijan
Republic.
Article 136. Highest Official of Nakhichevan Autonomous Republic.
The Chairman of the All Mejlis of the
Nakhichevan Autonomous Republic shall be the highest official of the
Nakhichevan Autonomous Republic.
Article 137. Ali Majlis of Nakhichevan Autonomous Republic.
Ali Mejlis of the Nakhichevan Autonomous
Republic shall consist of 45 members.
Ali Mejlis of the Nakhichevan Autonomous Republic shall elect the Chairman
of Ali Mejlis of the
Nakhichevan Autonomous Republic and its Deputies, shall form permanent
and other commissions.
The term of office for the All Mejlis members of the Nakhichevan Autonomous
Republic shall be 5 years.
The Constitution of the Nakhichevan Autonomous Republic must not contradict
the Constitution and the Laws of the Azerbaijan Republic.
Article 138. General Rules Set Up by All Mejlis of Nakhichevan Autonomous
Republic.
The Ali Mejlis of the Nakhichevan Autonomous
Republic shall set up general rules on the following issues:
1) elections to the Ali Mejlis of the
Nakhichevan Autonomous Republic;
2) taxes;
3) directions of economy development of the Nakhichevan Autonomous Republic;
4) social security;
5) environment protection;
6) tourism;
7) medical care, science, culture.
The Ali Mejlis of the Nakhichevan Autonomous
Republic shall adopt Laws on issues mentioned in this Article.
Article 139. Issues
Dealed With by Ali Mejlis of Nakhichevan Autonomous Republic.
The Ali Mejlis of the Nakhichevan Autonomous
Republic shall be dealing with the following issues:
1) work organization of the Ali Mejlis
of the Nakhichevan Autonomous Republic;
2) budget of the Nakhichevan Autonomous Republic;
3) approval of economic and social programs of the Nakhichevan Autonomous
Republic;
4) appointment to the position and removal from the position of the
Prime Minister of the Nakhichevan Autonomous Republic;
5) approval of Cabinet of Ministers composition of the Nakhichevan Autonomous
Republic;
6) confidence in the Cabinet of Ministers of the Nakhichevan Autonomous
Republic.
The Ali Mejlis of the Nakhichevan Autonomous
Republic shall pass Resolutions on the issues mentioned in this Article.
Article 140. Cabinet of Ministers of Nakhichevan Autonomous Republic.
The composition of the Cabinet of Ministers
of the Nakhichevan Autonomous Republic shall be
determined by the Ali Mejlis of the Nakhichevan Autonomous Republic
on the representation of the Prime Minister of the Nakhichevan Autonomous
Republic.
The Prime Minister of the Nakhichevan Autonomous Republic shall be appointed
by the Ali Mejlis of the Nakhichevan Autonomous Republic based on the
representation of the president of the Azerbaijan Republic.
The Cabinet of Ministers shall:
- make a budget estimates of the Republic
and shall submit it to the Ali Mejlis of the Nakhichevan
Autonomous Republic;
- realize the budget of the Autonomous Republic;
- ensure implementation of economic programs;
- ensure putting into life social security programs;
- deal with other issues attributed to its competence by the President
of the Azerbaijan Republic.
Cabinet of Ministers of the Nakhichevan
Autonomous Republic shall pass Resolutions and Orders.
Article 141. Local
Executive Power in Nakhichevan Autonomous Republic.
Heads of local Executive power in the
Nakhichevan Autonomous Republic shall be appointed by the President
of the Azerbaijan Republic on the basis of joint representations of
the Chairman of the Ali Mejlis and the Prime Minister of the Nakhichevan
Autonomous Republic.
FOURTH CHAPTER. LOCAL
SELF-GOVERNMENT.
Section IX
MUNICIPALITIES.
Article 142. Organization of Local Government.
Local government in rural areas and towns,
villages and settlements shall be exercised by municipalities.
Municipalities shall be formed by way of elections.
The system of elections to municipalities shall be determined by the
Law.
Article 143. Organization
of Municipality Work.
Municipalities shall implement their
activity via meetings, permanent and other commissions.
Municipality meetings shall be convened by the Chairman of the Municipality.
Article 144. Municipality
Power.
The following issues shall be settled
at the Municipality meetings:
1) recognition of authority of Municipality
members, termination of their authority in cases stipulated by the Law;
2) approving regulations; forming its mechanism;
3) election of the Municipality Chairman and his Deputies, permanent
and other commissions;
4) imposing local taxes and payments;
5) approving a local budget and accounts for their use;
6) owning the municipal property, charging and using it;
7) approving and implementing local programs of social security and
social development;
8) approving and implementing local programs of economic development;
9) approving and implementing local ecological programs.
Municipalities can be delegated by the
Legislative and the Executive power additional authority.
Municipalities must be allotted necessary financial means for executing
this authority. Realization of this authority shall be controlled by
the Legislative and Executive power.
Article 145. Municipal
Decisions.
At the Municipality meetings decisions
shall be taken on considered issues.
Municipal decisions shall be taken by a simple vote majority of Municipality
members.
Decisions connected with local taxes and payments shall be taken by
a majority of two thirds of votes of Municipality members.
Article 146. Guarantee
of Municipality Independence.
Municipalities shall be guaranteed protection
in court, compensation of additional expenses, brought about as a result
of State bodies decisions.
FIFTH CHAPTER
AND LAW.
Section X
LEGISLATIVE SYSTEM.
Article 147. Validity of the Constitution of the Azerbaijan Republic.
The Constitution of Azerbaijan Republic
shall have highest legal force in the Azerbaijan Republic.
The Constitution of the Azerbaijan Republic shall act immediately. The
Constitution of the Azerbaijan Republic shall be the foundation of the
Legislative system in the Azerbaijan Republic.
Article 148. Acts Included in Legislative system of Azerbaijan Republic.
The Legislative system of the Azerbaijan
Republic shall consist of the following normative-legal Acts:
1) the Constitution;
2) Acts adopted via referendum;
3) Laws;
4) Decrees;
5) Resolutions of the Cabinet of Ministers of the Azerbaijan Republic;
6) normative Acts of central Executive bodies.
International Treaties, of which the
Azerbaijan Republic is a party, shall be inalienable compound part of
the Legislative system of the Azerbaijan Republic.
In the Nakhichevan Autonomous Republic the Constitution and the Laws
of the Nakhichevan
Autonomous Republic, Resolutions of the Cabinet of Ministers of the
Nakhichevan Republic shall also have legal force.
Legislative system in the Nakhichevan Republic should correspond to
the Legislative system in the
Azerbaijan Republic.
Local Executive bodies within their competence can take decisions and
instructions of the normative character, other Acts, which do not contradict
Acts included in the Legislation system.
Article 149. Normative and Legal Acts.
Acts that have been passed via referendum
must be based on Right and Justice (on equal approach to equal interests).
Only in case of publication of Acts, passed via referendum, their use
and implementation shall be
obligatory for citizens, Legislative, Executive and Judicial power,
juridical Persons are the Municipalities.
The Laws shall be based on Right and Justice ( equal attitude to equal
interests) and not contradict the Constitution of the Azerbaijan Republic.
Only published Laws shall be obligatory for use and implementation for
citizens. Executive and Judicial power, juridical Persons are the Municipalities.
Decrees must not contradict the Constitution, Laws of the Azerbaijan
Republic, the Right and Justice (equal attitude to equal interests).
Only published Decrees shall be used and implemented for citizens.
Executive bodies, juridical Persons.
Resolutions of the Cabinet of Ministers must not contradict the Constitution,
Laws of the Azerbaijan Republic, Decrees, the Right and Justice ( equal
attitude to equal interests).
It is only when the Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic are made public that their application and realization shall
be obligatory for citizens, central and local executive bodies, juridical
Persons.
Acts of central and local executive power shall not contradict the Constitution,
the Laws of the Azerbaijan Republic, Decrees, Resolutions of the Cabinet
of Ministers of the Azerbaijan Republic, the Right and Justice ( equal
approach to equal interests).
Judicial Force of the Acts of central and local executive bodies shall
be defined by the President of the Azerbaijan Republic.
Normative and legal Acts, improving legal status of physical and juridical
persons, removing or mitigating their legal responsibility can have
the reverse force. This must be specified in the normative and legal
Act itself. Other normative-legal Acts shall not have the reverse force.
Article 150. Municipal
Acts.
Acts passed by Municipalities shall not
contradict the Constitution and the Laws of the Azerbaijan
Republic, Decrees, Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic and in the
Nakhichevan Autonomous Republic - also the Constitution and the laws
of the Nakhichevan Autonomous Republic, Resolutions of the Cabinet of
Ministers of the Nakhichevan Autonomous Republic, the Right and Justice
(equal attitude to equal interests).
Implementation of Acts passed by the Municipality shall be binding for
citizens, living in its territory, and for juridical Persons settled
in this territory.
Article 151. Legal Force of International Acts.
When disputes, contra lotions have arisen
between normative-legal Acts included in Legislation system of the Azerbaijan
Republic (excepting the Constitution of the Azerbaijan Republic and
the Acts, Passed via referendum) and International Treaties, of which
the Azerbaijan Republic is a party, the latter ones shall be applied.
Section XI
CHANGES IN THE CONSTITUTION OF THE
AZERBAIJAN REPUBLIC.
Article 152. Order of Adopting Changes in the Constitution of Azerbaijan
Republic.
Changes in the text of the Constitution
of the Azerbaijan Republic shall be adopted only via referendum.
Article 153. Initiative
of introducing Changes in Constitution of Azerbaijan Republic.
If changes in the text of the Constitution
of the Azerbaijan Republic are proposed by the Milli Mejlis of the Azerbaijan
Republic or the President of the Azerbaijan Republic, then the conclusion
of the Constitutional Court on the proposed changes must be received
in advance.
Article 154. Restriction
of Authority of the Constitutional Court of the Azerbaijan Republic.
The Constitutional Court of the Azerbaijan
Republic cannot give a conclusion on the changes in the text of the
Azerbaijan Republic Constitution which are approved via referendum.
Article 155 Restriction
of Initiative of Introducing Changes in Constitution of the Azerbaijan
Republic.
Proposals on changes in Articles 1, 2,
6, 7, 8 and on restriction of items specified in the third Chapter of
the present Constitution cannot be put forward at the referendum.
Section XII
ADDITIONS TO THE
CONSTITUTION OF THE AZERBAIJAN REPUBLIC.
Article 156. Order of Adopting Additions to the Constitution of the
Azerbaijan Republic.
Additions to the Constitution of the
Azerbaijan Republic shall be adopted as The Constitutional Laws in the
Milli Mejlis of the Azerbaijan Republic by a majority of 95 votes.
The Constitutional Laws of the Azerbaijan Republic on Additions to the
Constitution of the Azerbaijan Republic shall be put to the vote at
the Milli Mejlis of the Azerbaijan Republic twice. The second voting
shall be held 6 months after the first voting.
The Constitutional Laws of the Azerbaijan Republic on Supplements to
the Constitution of the Azerbaijan Republic shall be submitted to the
President of the Azerbaijan Republic both after the first voting and
after the second voting.
The Constitutional Laws of the Azerbaijan Republic on Additions to the
Constitution of the Azerbaijan Republic shall come into effect upon
the President's signing them after the second voting.
The Constitutional Laws of the Azerbaijan Republic shall be part and
parcel of the Constitution of the Azerbaijan Republic and they shouldn't
contradict the main text of the Constitution of the Azerbaijan Republic.
Article 157. Initiative
on Introducing Additions to the Constitution of the Azerbaijan Republic.
Additions to the Constitution of the
Azerbaijan Republic can be put forward by the President of the
Azerbaijan Republic or at least 63 Milli Mejlis members of the Azerbaijan
Republic.
Article 158. Restriction
of Initiative on Introducing Additions to the Constitution of the Azerbaijan
Republic
The President of the Azerbaijan Republic
or Milli Mejlis members of the Azerbaijan Republic cannot submit proposals
on Additions to the Constitution of the Azerbaijan Republic concerning
provisions
reflected in Section VI of the present Constitution.
TRANSITION PROVISIONS.
1. The Constitution of the Azerbaijan
Republic shall come into effect on the basis of national election (referendum)
on the publication day. The Constitution ( Principal Law) of the Azerbaijan
Republic which was adopted on the 21 of April, 1978 loses its force
on the same day.
2. The President of the Azerbaijan Republic from the day of adopting
the present Constitution and up to completing term of office shall perform
duties determined by the present Constitution for the President of the
Azerbaijan Republic.
3. Paragraph 5 of Article 101 of the present Constitution shall affect
the President of the Azerbaijan
Republic elected after the adoption of the present Constitution,
4. Power of the Milli Mejlis composed of the people's Deputies of the
Azerbaijan Republic by the
Supreme Soviet of the Azerbaijan Republic shall expire on the day of
the first meeting of the newly
elected Milli Mejlis of the Azerbaijan Republic.
The first meeting of the newly elected
Milli Mejlis of the Azerbaijan Republic shall be held a week after election
no less than 83 Deputies of the Milli Mejlis of the Azerbaijan Republic.
The first session of the Milli Mejlis of the Azerbaijan Republic shall
last till 31 of May, 1996. Article 85 of the Azerbaijan Republic Law
"On Elections to the Milli Mejlis of the Azerbaijan Republic" which
was adopted on the 15 of August, 1995 shall be in force till the power
expiration of the Milli Mejlis of the Azerbaijan Republic of the first
convocation elected on the basis of the pointed out Law.
5. The Cabinet of Ministers from the day of passing the present Constitution
shall execute power, defined by the present Constitution.
6. From the day of the present Constitution entering into force the
power of the local Soviets of the
people's Deputies of the Azerbaijan Republic shall expire.
Power referred to local Soviets of people's Deputies of the Azerbaijan
Republic by the Legislature of the zerbaijan Republic shall be implemented
by local bodies of Executive Power.
7. Within 2 years after the Present Constitution has entered into force
a Law on local self-government shall be passed and elections to municipalities
shall be held.
8. Laws and other normative and legal Acts operating in the territory
of the Azerbaijan Republic since the day of the present Constitution
adoption shall remain in force in those parts that do not contradict
the present Constitution.
9. Courts of the Azerbaijan Republic shall administer justice according
to the authority and principles set up by the present Constitution until
the present Constitution enters into force.
10. Within one year from the day of adopting the present Constitution
corresponding legislature on the status of judges, on the structure
of a court and court reform shall be passed and judges of the Azerbaijan
Republic shall be reappointed.
Until the pointed out legislature is adopted the appointment of judges
to the position and their removal from position shall be realized on
the basis of legislature which is operative until the present Constitution
enters into force.
11. After the present Constitution of the Azerbaijan Republic has become
operative a Law of the
Azerbaijan Republic on the Constitutional Court of the Azerbaijan Republic
shall be passed and the
Constitutional Court of the Azerbaijan Republic shall be established.
Before the Constitutional Court of the Azerbaijan Republic has been
created authority of the Constitutional Court of the Azerbaijan Republic
specified by the present Constitution shall not be implemented. The
issue stipulated in item 7 paragraph 3 of Article 130 of the present
Constitution shall be settled by the Supreme Court of the Azerbaijan
Republic.
12. Since the present Constitution becoming effective the highest Arbitrary
Court of the Azerbaijan
Republic shall be titled the Economic Court of the Azerbaijan Republic
and shall exercise power stipulated by the effective Legislature.
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